Adjustment of Status and Fraud Waiver Granted by USCIS for Polish Man

Wiater, who is from Poland, used a fake passport to enter the USA in 2007. He moved in with a friend of a friend, in Brooklyn, and found a job in construction right away. Two years later, with one of his cousins, he went to the airport to pick up someone who was flying in from Poland. This young woman, who entered the USA as a Resident Alien, turned out to be the woman of his dreams. He married Dorota in 2011. The couple has two children, a boy and a girl.

Dorota did not file for naturalization until 2014. That is when she became confident enough in her English language abilities. In 2015, she became a U.S. citizen. At that point, Wiater and Dorota knew it was time for Wiater to file for adjustment of status, that is, to become a permanent resident of the USA. Due to his fraudulent entry into the USA, Wiater also had to apply for a waiver, on USCIS Form I-601. This form must be submitted whenever an applicant for adjustment of status has committed an act of fraud or misrepresentation against the government of the United States. If the waiver application is not approved, the adjustment of status application will not be approved.

One Sunday, Wiater and Dorota spent several hours with me. We worked on their affidavits, which would be submitted in support of the waiver application. The fact that this couple’s son has learning problems worked in favor of the waiver application, as did the fact that Dorota’s mother, a Resident Alien, lives close to Dorota in Brooklyn. Mother and daughter see each other at least five days a week.

We filed the applications with the U.S. Citizenship & Immigration Services (USCIS). Three months later, Wiater received his work authorization card. He got a Social Security card a few days after that. Long before this, Wiater had created his own construction company, which was doing well. A few months after that, Wiater and I received a Notice of Interview.

The adjustment of status interviewed was scheduled for April 14, 2016, at the USCIS offices, which are located at 26 Federal Plaza, in downtown Manhattan, not far from the Brooklyn Bridge. To prepare for that interview, Wiater and Dorota came to see me the Sunday before the big interview. They gave me “updated” papers, such as their latest bank statement and utility bills, and we reviewed the questions that an Immigration Officer, or Examiner, would probably ask them. We made sure that neither one of them would give a poor response to a question.

The interview went well. The Examiner treated my clients fairly. Two days later, he approved all of their applications. Wiater called me yesterday to say that he had received his Resident Alien card.

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All names on these posts have been changed to protect the identities of former clients. Any similarity to any one particular case or person(s) is purely coincidental.

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